Att_13_Instructions_for_Document_Access_Final_RFP.pdf

SOFAST-E II

W900KK-20-R-0013

October 17, 2019

Attachment 13

Instructions for Document Access

Instructions to Request Government Furnished Information 160th Special Operations Aviation Regiment (Airborne) [SOAR (A)] Special Operations Forces

Aviation System Trainers – Enhancements II (SOFAST-E II)

The Government would prefer that only offeror’s who plan to Prime this effort submit requests for document access to reduce the administrative burden of the vetting process.

To submit your company’s request for Solicitation attachments (Attachment 1, Base SOW, Attachment 6.1 DO 0001 SOW, Attachment 6.2 DO 0001 SPEC, Attachment 7.1 DO 0002 SOW, Attachment 7.2 DO 0002 SPEC & Attachment 7.3 DO 0002 SPEC App A) and the Supporting Government Furnished Information (Document Library) please complete, sign and submit an updated Distribution Agreement and also provide the additional required information detailed under Step 1 in Vendor Vetting Process attachment to Jason Holden via email jason.n.holden.civ@mail.mil; and Justin R. Mauser, justin.r.mauser.civ@mail.mil to start the vetting process. After your company has been vetted information will be distributed via DoD SAFE site.

If you have previously submitted a request for documents you must still complete and submit the updated Distribution Agreement and additional information as detailed above. Please only request information if you intend to prime for this effort.

Updated Distribution Agreement and Vendor Vetting Process Attachment enclosed below:

mailto:jason.n.holden.civ@mail.mil mailto:justin.r.mauser.civ@mail.mil

Instructions for Document Access

SOFAST-E II DISTRIBUTION AGREEMENT

(For United States Government (USG) and USG Contractors)

REQUESTING ORGANIZATION NAME:

REQUESTING ORGANIZATION CAGE CODE:

REQUESTING USG ORGANIZATION OR CONTRACTOR AUTHORIZED POINT OF

CONTACT (POC):

NAME (Print): Date:

TELEPHONE: E-MAIL:

ADDRESS:

SPECIFIC PRODUCT(S) BEING REQUESTED:

1. Base Statement of Work (SOW) 160th Special Operations Aviation Regiment (Airborne) [SOAR (A)] Special Operations Forces Aviation System Trainers – Enhancements II

(SOFAST-E II)

2. Delivery Order (DO) 0001 SOW 160th SOAR (A) SOFAST-E II Delivery Order (DO) 0001 MH-47G Combat Mission Simulator (CMS) Upgrade

3. DO 0001 Performance Specification 160th SOAR (A) SOFAST-E II DO 0001 MH-47G Combat Mission Simulator (CMS) Upgrade

4. DO 0002 SOW 160th SOAR (A) SOFAST-E II H-47 Extended Range (ER) Combat Flight Training Device (CFTD)

5. DO 0002 Performance Specification 160th SOAR (A) SOFAST-E II H-47 Extended Range (ER) Combat Flight Training Device (CFTD)

6. DO 0002 Performance Specification Appendix A 160th SOAR (A) SOFAST-E II H-47 Extended Range (ER) Combat Flight Training Device (CFTD)

7. Supporting documents for delivered systems listed in paragraph seven (7) of this document.

CONTRACT NUMBER: Solicitation Number W900KK-20-R-0013

PURPOSE: The Government Furnished Information (GFI) listed in this Distribution Agreement is requested solely for the purpose of preparing and submitting comments/questions in response to the Industry Day notice, draft Request for Proposal (RFP) and/or a final RFP to include any amendments to those requests should they become necessary. The GFI may also be used by an Offeror to prepare and submit a proposal in response to solicitation number W900KK-20-R-0013. In the event an Offeror’s proposal is selected as the successful offer the information may be used during performance under the respective contract award.

Instructions for Document Access

ESTIMATED DATE OF COMPLETION OF USE OF THE PRODUCT(S): During the procurement process the estimated completion dates for each event listed above for solicitation number W900KK-20-R-0013 shall be the dates posted to FedBizOpps. For unsuccessful offers the completion date shall be extended until the notification of award, or the debriefing if one is requested by the Offeror. For the successful offer completion shall be upon Government acceptance of the last deliverable following performance under the respective contract awarded to the successful Offeror.

I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS DISTRIBUTION

AGREEMENT AND WILL UTILIZE THE PRODUCT ONLY FOR THE PURPOSE/USE

DESCRIBED IN ATTACHMENT A. I UNDERSTAND THAT PROCESSING OR

TRANSMITTING THIS EXPORT CONTROLLED MATERIAL VIA ANY PUBLIC

ELECTRONIC MEDIUM IS STRICTLY PROHIBITED.

SIGNATURE:

(Requesting USG Organization or Contractor)

Instructions for Document Access

REQUEST FOR RELEASE TO U.S. GOVERNMENT OR U.S. CONTRACTOR:1 It is requested that the Product be released to the above-identified Government agency or contractor for the stated purpose. It is hereby certified that the contract number and completion date identified above are correct and the identified contractor requires the Product for the aforementioned purpose.

Date:

Name (please print):

Position:

Telephone: E-mail:

Signature:

(Requesting USG Organization or Contractor)

U.S. GOVERNMENT DOD CONTROLLING OFFICE APPROVAL: The above request is approved for the purpose stated by the requester.

(Program/Project/Product Manager for the Product) (Date)

1 To be completed by USG Sponsoring Organization.

DISTRIBUTION AGREEMENT

1. Definitions.

a. Contractor. An individual or organization outside the U.S. Government who has accepted any type of agreement, contract or order to provide research, supplies, or services to a U.S. Government Agency, including both prime contractors and subcontractors.

b. Controlling DoD Office. The DoD activity that sponsored the work that generated the

Product or received the Product on behalf of the Department of Defense and, therefore, has the responsibility for determining the distribution of the Product. For joint sponsorship, the controlling office is determined by advance agreement and may be a party, group, or committee representing the interested activities or the DoD Components.

c. Government Purpose Rights. The rights to:

(i) Use, modify, reproduce, release, perform, display, or disclose the Product within the Government without restriction; and,

(ii) Release or disclose the Product outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the Product for United States Government purposes.

d. PEO STRI. The Program Executive Office, Simulation, Training and Instrumentation.

e. PM. Project or Product Manager.

f. Product. The technical data, hardware or software, or combination of some or all of the above, which is provided to the U.S Government agency or USG contractor through this Distribution Agreement, as set out in Attachment A.

g. Unlimited Rights. The rights to use, modify, reproduce, release, perform, display, or disclose the Product in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so.

h. U.S. DoD Contractor. Those U.S. contractors currently holding grants or contracts with the Department of Defense, or those contractors declared eligible for DoD Product(s) by a sponsoring DoD activity.

2. The Product is authorized for distribution in accordance with:

Distribution Statement C. Distribution authorized to U.S. Government Agencies and their contractors. Other requests shall be referred for consideration to the controlling DoD office specified in Attachment A.

Distribution Statement D. Distribution authorized to the Department of Defense and U.S. DoD contractors only. Other requests shall be referred to the controlling DoD office.

3. WARNING. This document refers to technical data, hardware or non-commercial computer software, or a combination of some or all of the above, the export of which is restricted by the Arms Control Act (Title 22, U.S.C., Sec. 2751), et. seq, or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401, et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

4. Subject to approval by a Government Sponsor, the Product may be used for the purpose(s) stated with the following general conditions. Any special terms and conditions applicable to a specific Product are provided in Attachment A.

a. The Product will be handled and maintained in accordance with For Official Use

Only, Export Control and Army Regulation 380-5 requirements.

b. The Product will be used only in accordance with this Distribution Agreement. The purpose may include incorporating the Product, or elements thereof, into Products being developed under the terms of a current contract with the U.S. Government.

c. The Product itself will not be modified, adapted, or otherwise altered except as required under the terms of a contract with the U.S. Government.

d. The Product may be distributed with Product(s) from other USG agencies. Additional restrictions may apply to software not owned or controlled by PEO STRI.

e. The Product shall not be re-distributed, sold, or used for commercial purposes or practices by the recipient, in whole or in part, without the express permission of the PM listed in Attachment A. The recipient is prohibited from using any open source code delivered within the product for commercial practices and profitable gains. The recipient may reproduce copies of the Product for use within his organization, or to perform under the terms and conditions of a USG contract for the specific purpose set out in Attachment A. A copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Product and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address and designated point of contact of all authorized U.S. contractors and subcontractors to whom a copy is provided. The original recipient of the Product shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

f. Changes to any simulation software source code may not be further distributed by the recipient without the approval of the controlling DoD office. Recipients wishing to distribute changes, which they have developed, may submit such changes to the controlling DoD office with government purpose rights.

g. U.S. contractors and sub-contractors will return or destroy all Product(s) upon completion of the approved work, or completion of the contract under which the work is authorized, whichever comes first.

h. The Product may be developmental in nature (see Attachment A).

i. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of the Product.

j. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

k. The individual who will act as recipient of the Product on behalf of the U.S. contractor is a U.S. citizen.

l. The U.S. contractor acknowledges his responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled Product subject to this agreement in a manner that would violate applicable export control laws and regulations.

m. The U.S. contractor agrees that he will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the controlling DoD office.

n. To the extent of his knowledge and belief, the requesting U.S. contractor knows of no person employed by it, or acting on its behalf, who will have access to the Product, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws.

o. The U.S. contractor is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25.

5. As consideration for the distribution of the Product, the approved recipient shall provide to the controlling DoD office any and all changes, enhancements, improvements or modifications which may be made to the Product while in the approved recipient’s possession. The changes, enhancements, improvements or modifications made to the Product, along with all software source code, will be provided to the controlling DoD office with at least Government Purpose Rights. If the enhancements, improvements or modifications made to the Product are not received by the controlling DoD office with at least Government Purpose Rights, the controlling DoD office will demand the return and/or destruction of the Product in the approved recipient’s possession. A failure to return and/or destroy the Product will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The contractor agrees that it will not assert that such return and/or destruction is a Government-caused delay under any contract with the U.S. Government.

6. The vendor/contractor must follow the PEO STRI Vendor/Contractor vetting process attached. This vetting process is what PEO STRI uses to vet vendor/contractors for eligibility to receive Unclassified Technical Data/Information to include Export Control information.

7. The Government will release the following Government Furnished Information (GFI):

MH-60-1

• A60A-001 ATP

• A60D-001 SUM

• A60E-001 SVD

• A602-001 CSPEI

• A604-001 SSDD

• A607-001 SPS

• A609-001 FSM

• C601-001 PDAL

• C602-001 LPD

• C603-001 LPDS

• C604-001 OM

• C605-001 MM

• C606-001 COTS

• C607-001 TSSD

MH-60-2

• A602-002 CSPEI

• A604-002 SSDD

• A607-002 SPS

• A609-002 FSM

• A60A-002 ATP

• A60D-002 SUM

• A60E-002 SVD

• C601-002 PDAL

• C602-002 LPD

• C603-002 LPDS

• C604-002 OM

• C605-002 MM

• C606-002 COTS

• C607-002 TSSD

MH-47-1

• A602-003 CSPEI

• A604-003 SSDD

• A607-003 SPS

• A609-003 FSM

• A60A-003 ATP

• A60D-003 SUM

• A60E-003 SVD

• C601-003 PDAL

• C602-003 LPD

• C603-003 LPDS

• C604-003 OM

• C605-003 MM

• C606-003 COTS

• C607-003 TSSD

MH-47-2

• A602-004 CSPEI

• A604-004 SSDD

• A607-004 SPS

• A609-004 FSM

• A60A-004 ATP

• A60D-004 SUM

• A60E-004SVD

• C601-004 PDAL

• C602-004 LPD

• C603-004 LPDS

• C604-004 OM

• C605-004 MM

• C606-004 COTS

• C607-004 TSSD

LASAR

• A602-005 CSPEI

• A604-005 SSDD

• A606-005 SDP

• A607-005 SPS

• A609-005 FSM

• A60A-005 ATP

• A60D-005 SUM

• A60E-005 SVD

• C601-005 PDAL

• C602-005 LPD

• C604-005 OM

• C605-005 MM

• C606-005 COTS

• C607-006 TSSD

NEXUS

• A602-006 CSPEI

• A608-006 SDD

• A60A-006 ATP

• C601-001 PDAL

• C602-006 LPD

• C603-006 LPDS

• C604-006 OM

• C605-006 MM

• C606-006 COTS

DTT-CAPT

• A601-007 Scientific Tech Report (IA Scan Report)

• A602-007 CSPEI

• A604-007 SSDD

• A605-007 ICD

• A607-007 SPS

• A60A-007 ATP

• A60C-007 TCR

• A60D-007 SUM

• A60E-007 SVD

• C601-007 PDAL

• C602-007 LPD

• C603-007 LPDS

• C604-007 OM

• C605-007 MM

• C606-007 COTS

• C607-007 TSSD

• C608-007 TM

• C609-007 TCSD

VISUAL

• A602-008 CSPEI

• A607-008 SPS

• A608-008 SDD

• A60A-008 ATP

• A60D-008 SUM

• A60E-008 SVD

• C606-008 COTS

DISTRIBUTION AGREEMENT

(For United States Government (USG) and USG Contractors)

ATTACHMENT A

PRODUCT:

SPECIAL TERMS AND CONDITIONS

(Use this section to tailor any provision within the distribution agreement if it is not directly applicable to the product being requested.)

PEO STRI

Vendor/Contractor Vetting Process for

Release of Protected Information

Agreements/contracts with PEO STRI may require a selected vendor/contractor to receive, produce and protect a wide variety of sensitive or classified documentation. The different documentation associated with a particular agreement/contract may include material identified as Unclassified//For Official Use Only (FOUO), Top Secret (TS)/Sensitive Compartment Information (SCI), or any level in between the two categories.

In accordance with the Department of Defense (DoD) and Army Regulations (AR), all potential Government vendors/contractors must be vetted for eligibility and FOCI status to receive, produce and protect the documentation associated with a particular agreement/contract.

Purpose. The purpose of this document is to provide a summary of the different vetting processes that will be used to evaluate each vendor/contractor depending upon the category of documentation associated with the underlying effort.2 The following information is provided as a guide only.

STEP 1: Unclassified/FOUO

If an agreement/contract is anticipated to require an awardee to have access to Unclassified/FOUO Export Control information, at a minimum, the following will be required:

A. All vendors/contractors must be registered in the System for Award Management (SAM).

B. All vendors/contractors (Primes and Subcontractors) must have a reputation for integrity and lawful conduct in its business dealings. The vendor and its Key Management Personnel (KMP) must not be barred from participation in Government contracts. Information related to previous contracts or government work may also be required.

C. All Vendors/contractors requiring access to technical data packages that include information identified as “Unclassified//FOUO” must make the following certifications:

1) Vendor/contractor and/or subcontractor(s) are not Foreign Owned or USA Foreign

Owned, Controlled or Influenced (USA FOCI) status.

2) Vendor/contractor is not in the process of a merger or other type of transition/ownership discussions with a Foreign Owned company or USA FOCI company.

2 This information is provided as a guide only and seeks to highlight key processes from applicable regulations.

If there is any discrepancy between this document and applicable regulations, the regulations govern.

Failure or inability to satisfy the requirements of Step 1 will make a vendor ineligible to receive Unclassified//FOUO Export Control data / information.

STEP 2: Classified Information

The certification from each vendor/contractor should be provided on company letterhead and include the following:

a) Full company name;

b) Cage code; and

c) Country of Origin.

If a vendor/contractor cannot make the certifications, then the vendor may still compete for award of the agreement/contract by:

1) Registering with the U.S. State Department and providing a copy of the registration along with the appropriate Department of State Permanent Export License (DSP) or Technical Assistance Agreement (TAA) documents to the Agreements/Contracts Officer. Visit or contact the U.S. State Department at http://www.pmddtc.state.gov/ for more information on satisfying this requirement.

Although timelines will vary, this process takes 45-75 days to complete.

2) Canadian vendors/contractors must provide to the Agreement/Contracts Officer, a copy of their DD2345 Military Critical Technical Data Agreement form signed by the United States/Canada Joint Certification Office in order to receive unclassified TDPs.

If an agreement/contract is anticipated to require an awardee to have access to Classified information, at a minimum, the following will be required:

A. All Vendors/contractors must satisfy the requirements as described in Step 1 above.

B. All Vendors/contractors (Primes and Subcontractors) must be listed in the Defense Security Services (DSS) National Industrial Security System (NISS) which must reflect:

1. Valid Facility Clearance (FCL)

2. If a Foreign or USA FOCI Vendor, then a completed Special Security Agreement (SSA) approved by DSS is required before access to Special Access Program (SAP) or Communications Security (COMSEC) materials will be authorized.

C. If a Vendor/contractor does not have a FCL, the Vendor may apply for one.

Generally, the FCL application process will require:

1. An awarded Agreement/Contract and sponsorship by the Requiring Activity (RA);

http://www.pmddtc.state.gov/

Point of Contact: For questions about the vetting process as it relates to issues associated with PEO STRI, those questions should be directed to PEO STRI, G2, Industrial Security Specialist at (407) 384-3540 or Stanley.M.Slupski.civ@mail.mil.

2. Coordination with the RA and contact with the DSS office to begin the clearance process.

For more information, visit:

https://search.usa.gov/search?affiliate=dod_dss&query=SPONSORSHIP

3. Foreign or USA FOCI vendors will also be required to coordinate with DSS to mitigate any security concerns. For more information on this, visit:

https://search.usa.gov/search?affiliate=dod_dss&query=FOCI%20Mitigation

Although timelines will vary, the process for obtaining an FCL can take 45-60 days for Non-FOCI vendor/contractors and 12-17 months for FOCI vendor/contractors to complete. The vendor cannot charge the Government or RA for costs related to vendor/contractor vetting, sponsorship or Foreign or USA FOCI mitigation by DSS.

mailto:Stanley.M.Slupski.civ@mail.mil https://search.usa.gov/search?affiliate=dod_dss&query=SPONSORSHIP